Deferred prosecution in north carolina.

Asked 12 months ago - Fayetteville, NC

If I have a previous record from a teenager and it was expunged, If I am arrested again and convicted of something eles and I make a plea deal am I eligible for the deferred prosecution program?

Attorney answers (4)

  1. Jacob Paul Warner

    Pro

    Contributor Level 3

    7

    Lawyers agree

    Answered . It is possible that you may be eligible for deferred prosecution or conditional discharge depending on your current charge and past conviction (although expunged). Ordinarily you must meet specific requirements to be eligible for expunction which vary according to age, criminal history, type of offense, and recency of offense. Without further information, it will be very difficult to provide an informed and complete answer. However I will address a typical situation as follows.

    NOTE: If your "previous record" was entirely composed of matters in juvenile court, then your juvenile record is sealed upon the achievement of age 18 and ordinarily would not prevent you from being eligible for a deferred prosecution or conditional discharge. It may prevent you from receiving a recommendation for teen court in your jurisdiction, however, if your jurisdiction has a teen court program.

    If someone has received an expunction for a non-drug related offense, he or she may be eligible for a deferred prosecution, or in the event that the subsequent charge occurs before December 1, 2013, a mandatory conditional discharge if the charge relates to the first offense of possession of a controlled substance or drug paraphernalia. For sentences on or after December 1, 2013, such conditional discharge for first-time controlled substance possessory offenses will become discretionary pursuant to recent revisions to N.C. Gen. Stat. Section 90-96.

    The operation of deferred prosecution and conditional discharge is very similar. Ordinarily you are instructed to perform probationary conditions; and in the event of successful compliance after a designated period of time, your charge will either be dismissed under deferred prosecution in the discretion of the district attorney or under conditional discharge upon order of the court.

    Remember, deferred prosecution is a matter of prosecutorial discretion. It is not required, and you should consult a local attorney or the local policy of your district attorney's office to determine eligibility requirements if any.

    Without further details regarding your situation (or potential situation) I cannot address the question with more particularity. I hope you have found this answer helpful and encourage you to consult a local attorney as soon as possible to determine your legal rights.

    Disclaimer: This comment does not constitute an attorney/client relationship. Additional facts may provide for a more complete or even different answer than the one provided above. I encourage you to consult local counsel as soon as possible to determine your legal rights.

  2. Dennis H. Sullivan Jr.

    Contributor Level 11

    3

    Lawyers agree

    Answered . Assuming the new crime qualifies and that you were not previously placed on probation, you should be eligible for a deferred prosecution. You may not be eligible for an expungement this time, though. Read the certifications you make by signing the agreement at this link.

  3. C. Adam Barrington III

    Pro

    Contributor Level 12

    3

    Lawyers agree

    Answered . As an attorney in Fayetteville, I know what types of offenses our District Attorney typically permits a defendant to enter a deferred prosecution. After hearing the details of your situation, a local attorney will be in a better position to answer with specificity whether or not you would qualify for a deferred prosecution.

    My answering this question and your reading this answer does not create an attorney-client relationship. I only... more
  4. Raushanah Fadqua Rodgers

    Pro

    Contributor Level 12

    2

    Lawyers agree

    Answered . It's likely that you will qualify for a deferred but as one of the attorneys noted, once you complete the terms of the deferred agreement, you will not be able to have the dismissed charge expunged.

    Call an attorney that offers free criminal consults and run your specific situation by them. Best wishes.

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